Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40071 WP No. 24916 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24916 OF 2025 (GM-RES) BETWEEN:
1. DEVENDRAPPA S, S/O SIDDAPPA, AGED ABOUT 48 YEARS, OCC: PETTY BUSINESS, R/AT BILICHODU, NEAR KATLAMMA TEMPLE, DAVANAGERE-577 553. ALSO AT:
GANESH HOTEL, BILICHODU, NEARY FRUIT MARKET, DAVANAGERE-577 553. 2. RATHNAMMA, W/O DEVENDRAPPA S, AGED ABOUT 39 YEARS, OCC HOUSE WIFE, R/A BILICHODU, NEAR KATLAMMA TEMPLE, DAVANAGERE-577 553. …PETITIONERS (BY SRI CHANDRASHEKAR G M, ADVOCATE [P/H])
AND:
SHRIRAM HOUSING FINANCE LTD, REG. OFFICE AT LEVEL 3, WOCKHARDT TOWERS, EAST WING, C-2, G-BLOCK, BANDRA-KURLA COMPLEX, BANDRA (E), MUMBAI-400 051, REGD. UNDER NATIONAL HOUSING BNAK ACT, 1987. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40071 WP No. 24916 of 2025
BRANCH OFFICE AT: NO.96, R.B. MANOR, 20TH MAIN ROAD, RAJAJINAGAR 2ND BLOCK, BENGALRUU-560 010. REP. BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, SRI. PRASHANTH B.B. …RESPONDENT (BY SRI K V LOKESH, ADVOCATE [V/C])
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS FROM THE RESPONDENT BANKER INCLUDING BANK LOAN STATEMENT;
B)QUASH THE IMPUGNED ORDER DATED 06.07.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE IN CRL. MISC NO. 45/2023 VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs; a. Call for records from the Respondent Banker including Bank loan statement;
b. Issue a Writ in the nature of certiorari quashing the impugned order dated 06.07.2023 passed by the Principal Senior Civil Judge And CJM, Davanagere in Crl. Misc No. 45/2023 vide Annexure-B.
c. Issue any such other Order or Directions as this Hon'ble Court deems fit in the circumstances of the case and for cost, in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:40071 WP No. 24916 of 2025
2.
A memo dated 9.10.2025, signed by the counsel for the petitioner reads as under:
MEMO FOR WITHDRAWAL
The above named petitioner submits as follows,
It is submitted that this Hon’ble court may kindly permit the petitioner to withdraw the present petition with liberty to approach DRT and further this Hon’ble Court may kindly direct the respondent not to precipitate the matter for a period of 8 weeks, in the interest of justice and equity. 3. Accepting the said memo, reserving liberty to the petitioner approach the Debt Recovery Tribunal, the petition stands disposed. 4. Respondents are directed not to take any coercive steps against the petitioner for a period of six weeks from today. In the event of necessary proceedings before the DRT is not initiated on or before 21.11.2025, the respondents are at liberty to take such action in accordance with law. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 66